An employee of a Geauga County cabinetry company has sued 22 of his co-workers for denying him a share of a $99 million lottery jackpot.
And, last week, a judge ordered the Ohio Lottery Commission to set aside about $2 million until Edward Hairston's claim is resolved in a trial.
Hairston contends that every month for eight years he pitched $5 into a lottery pool with co-workers at the KraftMaid company in Middlefield. While recuperating from a back injury, however, he failed to make contributions for lottery drawings in June, July and August.
Unfortunately for Hairston, the KraftMaid group picked the correct six numbers on a Mega Millions drawing on Aug. 5. After taxes and cash option costs, each member of the group stood to receive about $2 million.
Hairston showed up the next day to claim a share of the winnings, according to the lawsuit, but was told he was no longer a part of the group. He had missed three months worth of payments, and the other members had kicked him out.
"So, for a lack of $15, it cost him $2 million," said his lawyer, Howard Mishkind, who filed a lawsuit last month in Cuyahoga County Common Pleas Court.
The group's unwritten policy for years had been to cover for colleagues who were unable to make a monthly payment because of illness, vacation or other reasons, Mishkind said. The money would come from an account containing past winnings of smaller amounts.
On one occasion, the group made payments on behalf of a missing member for five months while she was on medical leave, the lawyer said. Hairston also covered for an absent co-worker with money out of his own pocket.
"I guess you can draw whatever conclusions you want to explain the defendants' motivation," Mishkind said. "Money sometimes has a way of changing a person."
Kerin Lyn Kaminski, a lawyer representing the winners, said the decision by the group to deny Hairston a share was nothing personal. Most of them work in the same building, and in the same department, and are fond of Hairston, she said.
Kaminski said the size of group varies from month-to-month, and that two people who participated in the pool in July didn't play in August when they won the jackpot — but didn't sue for a share.
She denied that special provisions were made in the past for absentee members of the pool, or that emailed reminders were sent to other members but not to Hairston, as he claims in the lawsuit.
"Put yourself in their position," Kaminiski said. "Everybody wishes everybody could win, but it doesn't always work out that way.
"These people are the salt of the earth, and hardworking," she said. "I really like these people. Some of them had a hard time getting by. We should all be glad they won."
Several of the winners already have quit their jobs at KitchenMaid, said Mishkind and Kaminski.
Beverly Kaser, one of three winners from Garrettsville, and the only defendant who could be reached for this story, declined to talk on the advice of her lawyer. Other winners reside in Mentor, Chardon, Painesville, Middlefield, Burton and Aurora.
Hairston, 39, of Youngstown, also declined to comment.
His lawyer said he is married with a 10-year-old daughter. He has worked at KraftMaid for 14 years, most recently as a logistics agent. Now, he needs a walker to get around, but hopes to recover from his back problems to return to work.
"He is doing what he believes, in principle, to be the right thing," Mishkind said. "It's not easy for him to stand up to these folks, especially when he intends to go back to work. But he feels he's not getting all that he is entitled to."
In court last week, Judge Eileen T. Gallagher ordered the Lottery Commission to set aside 1/23rd of the Mega Millions jackpot, and to release the rest of the money — minus taxes and fees — to the 22 defendants in the lawsuit.
They haven't received their winnings yet, but should within several days, lottery officials said.
Gallagher scheduled a jury trial for Dec. 12 to decide Hairston's legal claim.
Reminds me of that ol' saying 'You win some and you loose some.' I hope that he has good proof!
"The group's unwritten policy ..." <-- well right there's the problem.
I am sorry but Lottery Pools are a bad idea. This keeps hapening over and over again.
You might think your c
-workers are nice people, but when money is involved, they'll back stab you in a heartbeat.
Warning to all lottery pools out there, put whatever policy you come -up with in writing and get it notarized.
If you do a search on LP for "L
ttery Po
l Sue" and there is story after story after of this happening.
I don't think there is a problem with lottery pools. They need to be run correctly.
I would put the rules in writing. There would be a deadline for submitting the money for tickets.
There would be not be a provision for paying for people who are absent that day of work and can not pay the money out of their own pcoket.
I would also have the rules state can not sue if they do not play that week, and they do not win.
Running a lottery pool is worst than running a small business, now participants expect to be covered if injured, sick or become unemployed, some employers don't offer those kinds of benefits.
Sorry, if you don't pay, you are not in the pool. And if you are not in the pool, you don't get to collect the money.
give the man his money
Maybe I'm a softy with this kinda stuff but I'd be in favor of giving the guy a share if I was in the group.
Especially if he was putting his money in faithfully for 8 years until he went in the hospital and was a friend on top of it.
I think cutting him out would be a rotten thing to do at this point.
You don't cut your friends loose like that over money.
If you haven't payed, you haven't played !!!
This is why I never play in a lottery pool !
I have won $3 in each of the last 3 Powerball Drawings ! Maybe my recent dream of winning the jackpot is just around the corner !
Like I said before.
"While recuperating from a back injury, however, he failed to make contributions for lottery drawings in June, July and August."
Tough call on this one because if these guys really were friends, at least one would contacted him just to see how he was doing. Maybe it will come out in court that he was asked to continue playing and declined. A 1/22 share isn't that much more than a 1/23 so there has to be a "the rest of the story".
this is cruel sht... i mean all those people who won the money they couldnt think like a dmn human being and give the guy something . im sure he would be happy with it and wouldnt bother doing the lawsuit . but beside that who knows whats the real story is . money change people in a split second . another case of hillbillys
You know I'm gonna have to getcha fer that some day suri. lol
They ain't no hillbillies in Ohio anyway. Thems all hicks up there.
hahahhaah rdg i know you will .
i my self never play in a group
but if i was member of this group, and someone who didn't help pay for the tickets that drawing tryed to claim, them, their be no lawsuit, their be a dead body. of the person trying to do theft
its very simple, you dont buy a ticket you dont win
you ether buy a ticket or helped via buying into a group buy, etc
he did not play,he does not win
seeing reports of countless lottery winners being bugged by family, friends, etc on lottery shows, just makes me think, a lot of evil people, or dumb however you see it
think their have a enlentment to your winnings
just like dems think they have a entitlement to rich people money, lottery winners, have people close to them, with a entitlement thinking
this guy, is clearly such a case, they use abuse of laws, they use the courts, and if their a lawyer and a greedy entitlement person wanting hes "fair share" when he didnt do jack for it, he sue
they can go beep them selfs, the lawyer helping this guy sue them, should be locked up for crime of attempted theft.
all you guys saying, they should of have clear written rules , etc, your so corrent, but people are not smartest, some people sure use codes of respest, and rightness
this guy is a crook, pissed off he missed out of millions, and now trying to steal via "LEGAL" way
this is american justice being abused, the courts are now used to harm people, to steal others money,
"On one occasion, the group made payments on behalf of a missing member for five months while she was on medical leave, the lawyer said. Hairston also covered for an absent co-worker with money out of his own pocket. ...... She denied that special provisions were made in the past for absentee members of the pool, or that emailed reminders were sent to other members but not to Hairston, as he claims in the lawsuit."
Very shady behaviour on both sides but that's what money will do to some people. Hairston should have made sure he paid the $5 every month so there would be no problem. Why didn't he just contact someone in the group to make sure he was covered?
I would recommend a salery deduction policy.
A perfect example of why I go it alone. Money make people do crazy things. It is win-win for the lawyers.
true dat
Go alone best policy IMHO.
Why didn't he just contact someone in the group to make sure he was covered?
He was money ahead until they won. Besides, he was probably buying tickets on his own and had he won he wouldn't be sharing it with his ex-coworkers who have faithfully hung with him for eight years.
Right now on "The Lottery Changed My Life" shows 15 co-workers that won 207 million in the Ohio Lottery.
They were sued by 3 other co-workers
Upon investigation, the 3 had to drop their lawsuit due to lack of proof that they were ever in the pool.
Beware folks, m
ney brings out the worst in pe
ple.
Keep records, get your agreement notarized. Players beware.
I hope all of the future big winners are individuals for at least a year !
yet another story of in CA of a pool that won 315 million in Megamillions. A co-worker sued claiming he/she was part of the pool. After a 1.5 years of litigation, the case was dismissed.
This right here represents what is wrong with this country...that ENTITLEMENT attitude. Just because a worker works for a company for X amount of years, that worker thinks he/she is a "part" of the company and is owed something. If you don't own shares of a company, the company only owes you what it is contractually bound to pay you for labor and benefits, as applicable. Just because a person plays the lottery in a pool for X amount of years, but was not contractually "IN" when the numbers hit, that pool does not owe that player a red cent.
I agree that lottery pools are bad news. First of all, they really kill the major benefit of winning a huge jackpot when it is divided up amongst all the participants. I would much rather be a 40 year old 25M+ winner than one of X pool players walking away with under 2M. Sure, winning 2M will change one's life, but you still have to be super conservative as that amount really represents the amount one can retire from work and maintain the SAME standard of living they currently enjoy in most cases (assumption is that person is already living within current income means). However, winning 25M+ allows for a person to at least splurge on a ultra luxury item like a Bentley, Maybach, etc, purchase a reasonable 900,000 to 2,000,000 home, and travel in first class style at least once a month without seriously breaking the bank.
But if I were inclined to play a lottery pool (I am not), I would have every contingency covered in the rules. The written rules would cover eligibility (i.e. person must be a current employee of ABC company so as to avoid issue of those who leave the company for whatever reason; presumably most work lottery pools do their collection business at place of employment so that is the logic), amount of monthly contribution to be considered "IN", payout guidelines (i.e. small wins will be "reinvested" to increase number of tickets purchased when say jackpot reaches a certain level, not as a bail out the deadbeat fund), and monthly roster w/signatures of each contributor. Additionally, no entry on the contributor list can be made without 3 designated persons verifying contribution made (this would preclude a buddy of the treasurer slipping said treasurer a contribution after the fact to get in on the winnings...yeah I know that might rarely happen, but the fact that it could should mean that measures are put in place to stop it from happening).
So as you can see, playing in a pool is more work on the front end and it takes the excitement out of even the possibility of winning IMHO. I would much rather just go to my favorite retail location by my lonesome, play my combination of QPs and own picks, and hope for the best. When I wake up to the day my numbers match, I can rest assured that I will not be facing any potential lawsuits from anyone seeking to claim a share in the winnings because it was ME, MYSELF, and I that purchased that winning ticket.